Research › Browse › Judgment

Rajasthan High Court · body

1988 DIGILAW 915 (RAJ)

Om Prakash Sharma v. The Rajasthan Legislative Assembly

1988-12-20

P.C.JAIN, S.S.BYAS

body1988
JUDGMENT 1. - This case is fully covered by a decision of this Court in D.B. Civil Special Appeal No. 68/1986, State of Rajasthan and Anr. v. Lal Chand and other , connected cases, decided on 1st October, 1986, wherein the amendment made with effect from 1st April, 1985, by the notification issued by the Government made in the Rajasthan Secretariat Ministerial Service Rules. 1970, was under challenge. In that case, it was held that the amendment will have prospective effect and will not apply retrospectively since it would effect pre-judicially the persons who had acquired promotions on the basis of the qualification which were recognised by the Government when they acquired the same. 2. The facts of the case arc that the petitioner was appointed on the post of Class IV servant in the Rajasthan Legislative Assembly and was subsequently confirmed on the said post on 26th May, 1976. The petitioner appeared in the Rashtra-Bhasa Parichaya Examination conducted by the Rashtra Bhasa Prachar Samiti and he passed the same. The qualification of Rashtra Bhasa Parichaya Examination had been recognised by the Government of Rajasthan as equivalent to High school/Higher Secondary Examination vide order dated 30th October, 1960. The Government issued Circulars from time to time whereby it declared that the Rashtra Bhasa Parichaya Examination conducted by the Rashtra Bhasa Prachar Samiti, Vardha as equivalent to Matric/ High School/Higher Secondary Examination. The service conditions of the ministerial staff of the Rajasthan Legislative Assembly are governed by the Rajasthan Secretariat Ministerial Service Rules, 1970 The post of LDC is to be filled in by promotion as well as by direct recruitment. For promotion the minimum qualification provided under the said Rules is that the candidate must have passed secondary examination or its equivalent examination recognised by the Government. The case of the petitioner is that the petitioner has passed the said examination which has been recognised by the Government in February 1985 and therefore, he became eligible for promotion to the post of LDC, while the amendment made in the Rules came into force with effect from 1st April, 1985. In view of the decision taken by this Court in the above referred case, the said amendment will have prospective effect only and, as such, the petitioner is entitled to be considered for promotion on the basis of the aforesaid qualification. 3. In the premises aforesaid, the writ petition is allowed. In view of the decision taken by this Court in the above referred case, the said amendment will have prospective effect only and, as such, the petitioner is entitled to be considered for promotion on the basis of the aforesaid qualification. 3. In the premises aforesaid, the writ petition is allowed. The respondent is directed to consider the case of the petitioner for promotion on the post of Lower Division Clerk against the quota of the year in which he is found eligible. 4. The parties are left to bear their own costs.Petition allowed. *******